Krav på exportlicens vid gränsöverskridande transporter av farligt avfall inom EU
MiljörättAvfallstransporterExportlicensJuridical scienceRättsvetenskapJuridikLaw and Political Science
The purpose of this essay is to draw attention to the obstacles that affects the internal trade of waste within the EU. The essay doesn?t in any way encourage pollution or illegal handling of waste but unfortunately there are large profits to be made from illegal destruction and recycling of waste and especially hazardous wastes. Therefore the dependable companies handling waste must access a market with fast and flexible (but predictable) regulations as well as lower transaction costs to help make the environment better and encourage a strive for increased recycling. There are examples where some waste only can be sent to a land-fill within the country but could be recycled in other EU-countries. The export licenserequired for transportation of hazardous wastes within the EU can often prevent this from happening mostly because of the transaction costs. The essay starts with describing the background, purpose and restrictions followed by relevant definitions and legislation within the subject. The application processes for the export license is then described in detail and the judicial precedent in relation to this subject. The essay ends with a analyze and a discussion of whether the export license is a proportionate measure or a quantitative restriction. My conclusions is that the export license is a quantitative restriction and that the less complex duty of information would fulfill the objective set out in the EG-legislation no. 1013/2006 as well as being more proportionate when it comes to restricting the free trade within the EU.